Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
HIGH COURT OF JUDICATURE AT BOMBAY Equivalent citations: FAMILY COURT APPEAL NO.68 OF 2005 D.B.BHOSALE AND R.Y.GANOO,JJ. Smt Nita alias Nathi Hitendrakumar Sakariya vs Shri Hitendrakumar Kaluram Sakariya on 12/03/2010 Mr Vishal Thakkar i/b M/s Kiran Jain & co, Adv. For the appellant. Mr V.D.Walawalkar i/b Sameer B Bhalekar. For the respondent. Law Point: Wife wanted husband to procure a separate accommodation, […]
Court: Supreme Court of India Equivalent citations: 1978 AIR 597, 1978 SCR (2) 621 Bench: Beg, M. Hameedullah (Cj), Chandrachud, Y.V., Bhagwati, P.N., Krishnaiyer, V.R. & Untwalia, N.L., Fazalali, S.M. & Kailasam, P.S. Maneka Gandhi vs Union Of India on 25 January, 1978 Law Point: Right of dignity – right to live is not […]
Court: Karnataka High Court Bench: JUSTICE Anand Byrareddy Saganna vs The State Of Karnataka on 20 February, 2013 Law Point: Willing partner, complainant had opportunity to complain on many occasions, continued to stay with accused. Acquital. JUDGEMENT Heard the learned counsel for the appellant and the learned Government Pleader for […]
Court: Delhi High Court Bench: JUSTICE ASHUTOSH KUMAR Anukriti Dubey vs Partha Kansabanik And Anr on 23 March, 2016 Law Point: The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy JUDGEMENT 1. Heard the counsel for the parties. 2. The […]
Court: HIGH COURT OF KERALA Bench: JUSTICE MRS.JUSTICE K.HEMA Chitrangathan Vs. Seema on 14th day of October, 2009 Law Point: While protecting the rights of a woman, the court has to be careful and cautious in not violating the rights of the male also under Domestic Violence Act. JUDGEMENT Head Note:- Protection of Woman from […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 Law Point: Maintainability of DV after 1 year JUDGEMENT Leave granted. 2. The appellant having lost the battle for getting her Stridhan back from her husband, the first respondent herein, before the learned Magistrate […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]
Court: Rajasthan High Court Bench: JUSTICE MRS. NISHA GUPTA Nishant Hussain vs Seema Saddique & Anr on 21 September, 2012 Law Point: Living apart from 10 years, no cause of action to initiate DV proceedings JUDGEMENT This revision petition has been preferred against the order dated 30.3.2012 passed by learned Addl. Sessions Judge (Fast Track) No.3, […]
Court: Supreme Court of India Bench: P. Sathasivam, B.S. Chauhan Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 Law Point: In view of the provisions of Section 468 Code of CrPC, DV complaint could be filed only within a period of one year from the date of the incident in […]
Court: Karnataka High Court Bench: JUSTICE ANAND BYRAREDDY J.Srinivas S/O Sri.Jayachandra vs G.Dhanalakshmi D/O Govindaswamy on 5 April, 2013 Law Point: Petitioner barred by time in filing DV after 1 year from the date of alleged cause of action JUDGEMENT 1. Heard the counsel for the petitioner. The counsel for the respondent remains absent. 2. The brief facts […]